Opinion
01-07823, 01-09950, 01-11021
Submitted April 4, 2002
May 28, 2002.
In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals (1), as limited by her brief, from so much of an order of the Supreme Court, Nassau County (DeMaro, J.), entered July 31, 2001, as granted the motion of the defendant Cantiague Figure Skating Club, Inc., to strike the complaint to the extent of directing her to provide unredacted copies of her income tax returns for 1999 and 2000 containing her Social Security number, (2), as limited by her brief, from so much of an order of the same court, entered October 12, 2001, as granted the motion of the defendant Cantiague Figure Skating Club, Inc., to compel further discovery to the extent of directing her to furnish her Social Security number and requiring her to submit an affidavit of merit, and (3) from an order of the same court, dated November 28, 2001, which dismissed the complaint based upon her failure to disclose her Social Security number and submit an affidavit of merit.
Steven L. Levitt Associates, P.C., Williston Park, N.Y. (James J. Daw, Jr., and Evanthia Voreadis of counsel), for appellant.
Stephan Persoff, Carle Place, N.Y., for respondent.
ANITA R. FLORIO, J.P., NANCY E. SMITH, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the orders entered July 31, 2001, and October 12, 2001, are reversed insofar as appealed from and the motions are denied; and it is further,
ORDERED that the order dated November 28, 2001, is reversed, and the complaint is reinstated, and it is further,
ORDERED that one bill of costs is awarded to the appellant.
Under the circumstances of this case, the Supreme Court erred in compelling the plaintiff to furnish unredacted copies of income tax returns containing her Social Security number (see Saratoga Harness Racing v. Roemer, 274 A.D.2d 887, 889; Dore v. Allstate Indem. Co., 264 A.D.2d 804; Otto v. Triangle Aviation Serv., 258 A.D.2d 448; Cottrell v. Spina, 214 A.D.2d 946; Titleserv Inc. v. Zenobio, 210 A.D.2d 314; Zimmer v. Cathedral School of St. Mary St. Paul, 204 A.D.2d 538; Kupferberg v. State of New York, 97 Misc.2d 519, 522). The Supreme Court also erred in requiring the plaintiff to submit an affidavit of merit (see Markarian v. Hundert, 180 A.D.2d 780, 781; Vola Novelties Corp. v. Rorob Realty Corp., 160 A.D.2d 794; Read v. Dickson, 150 A.D.2d 543).
Accordingly, the Supreme Court improvidently exercised its discretion in dismissing the complaint based upon the plaintiff's failure to disclose her Social Security number and submit an affidavit of merit (see CPLR 3126; Kihl v. Pfeffer, 94 N.Y.2d 118).
FLORIO, J.P., SMITH, LUCIANO and H. MILLER, JJ., concur.